Buying A Home
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Should it stay or can it go?

My wife and I just bought a townhome / condo in Southern California.  We had some issues with the seller, but this is the question.  What is considered "permanent" and should stay with the house after the sale and what can they take?

The previous owner bought a couple of storage racks and had them bolted into the wall in the garage.  They removed them when they moved out.  Does being bolted into the wall make it a permanent structure?  Is it worth taking them to small claims court (if they were wrong to do so) to have them reimburse me for buying replacement racks? (I don't know the California law).

Thanks,

Wes

Re: Should it stay or can it go?

  • I'm pretty sure it should have stayed. It seems pretty minimal though , so I don't see it being worth small claims court. Were the shelves still there during your final walk through ?
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  • It is not worth it to take them to small claims court. Most of the time shelving units do not stay. If you wanted them to stay then you needed to have it written that into your contract that you submitted with your offer. Being bolted to the wall does not make them permenant that just makes them from moving/falling over.
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  • It sounds like they should have stayed, but do you really want the hassle of going to small claims court? It would cost a lot less time and money if you just purchased new ones anyway.
  • In the grand scheme of things, I wouldn't worry about it. But then again, I have lost out on so many houses that I just don't care about things like that. :)
  • I would just have to get over the racks. Not worth it IMO. :/
  • Was it listed in the paperwork/offer as staying? if it was then you have something, otherwise they can say it wasnt listed in the bill of sale and therefore belongs to them when they moved.

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